The veteran's pre-existing cervical spine disorder is being reviewed to determine if the April 2003 active duty for training incident aggravated his condition. The VA will obtain all relevant medical records and provide a VA orthopedic examination to assess whether there was an increase in severity of the pre-service disability.
The deciding factor: The VA needs to review all available medical records, including those from before, during, and after the veteran's active duty for training, to determine if his cervical spine disorder worsened due to the April 2003 incident.
- Claimed conditions
- herniated nucleus pulposus, degenerative disc disease of the cervical spine with thoracic myositis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 1, 2006
- Citation
- 0605755
Veterans Law Judge
Decisions by this judge: 1,177 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0605755.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's need for the regular aid and attendance of another person was determined due to his service-connected disabilities, leading to a grant of special monthly compensation (SMC) based on the need for aid and attendance for accrued benefits purposes.
- Remanded (sent back)
The Board remanded all issues for further development and examination. The Veteran's claims involve various ratings for service-connected disabilities related to the lumbar spine, lower extremities, and knees.
- Denied
The Veteran's claim for a higher rating for his lumbosacral degenerative joint disease and herniated nucleus pulposus (lumbar spine disorder) was denied as the disability does not meet or more nearly approximate the criteria for a rating greater than 20 percent.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus, degenerative joint disease, herniated nucleus pulposus, unspecified depressive disorder, cervical radiculopathies, and metatarsophalangeal joint fusion, render him unable to secure or maintain substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).
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